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01 - Delivery and Return
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The Lessee acknowledges that he vehicle is in good
overall condition and undertakes that the vehicle will be
returned together with all its accessories and parts in the
same condition as when received, fair wear and tear
excepted, at the place and on the date specified overleaf,
or on earlier demand by the Lessor for any reason
whatsoever.
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In the event of the Lessee wishing to extend the
duration of use beyond the date specified overleaf, then the
Lessee shall conclude a new Agreement of Hire prior to the
expiration of this agreement.
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For the purposes of this agreement, duration means a 24
hour cycle commencing from the time the delivery of the
vehicle is effected on the Lessee to when the vehicle is
returned to the Lessor.
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For the purpose of this agreement the distance
calculations shall include the distance travelled to affect
delivery of the vehicle to the Lessee where the Lessee
request that delivery of the vehicle is effected to him/her
at a location other than the Lessor's place of business.
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02 - CONDITIONS OF USE
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The vehicle shall
not be used or driven by the Lessor or any other person through
or under the authority of the Lessee:
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for the conveyance of persons or property for reward;
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by any person while under the influence of alcohol or
any drug;
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in any race, speed test or contest;
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to propel or tow any vehicle or trailer;
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in any area or on any road where, in the circumstances
subsisting at the date of commencement of this agreement or
at any time during the currency of this agreement, there is
a risk that the vehicle may be damaged through civil
disturbance, or any act of malicious damage by third
parties, including any act or action of any person, military
or police forces, or any other lawfully established
authority made or taken fort he purpose of controlling
preventing, suppressing or in any other way dealing with the
occurrences referred to above.
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On any road other than a tarmac surfaced road;
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by anyone under the age of 23 years or over the age of
70 years;
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by anyone other than a person in possession of a valid
driver'slicence, whose licence shall be produced to the
Lessor on demand;
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only the Lessee and additional driver(s) named overleaf
shall drive the Vehicle, and the Vehicle shall at all times
be kept under the Lessee's control;
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by anyone in possession of a driver's licence endorsed
within the last two years;
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03 - CHARGES
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The Lessee shall pay to the Lessor on demand all charges
indicated overleaf. The signatory to his agreement, should
he/she be a person other than the Lessee, binds himself
jointly and severally in solidum as surety and co-principal
debtor with the Lessee for all the Lessee's obligations
under this agreement. Every reference herein to the Lessee
shall be deemed to include a reference to the signatory to
this agreement.
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The Lessee acknowledges that he shall, under the
circumstances hereinafter set our further be liable for the
following additional expenses:
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In the event of the Lessee abandoning the vehicle,
any charges incurred by the Lessor in recovering the
vehicle, including and without prejudice to the
generality of the aforegoing, the cost of towing the
vehicle to a place of repair.
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In the event of the vehicle being stolen during the
period o hire, unless the Lessor should prove a greater
distance, the tariff charges applicable an calculated on
the agreed assumption that the Lessee had travelled a
distance of 250 kilometres per day up to and including
the day upon which the theft of the vehicle is reported
to the Lessor.
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In the event of the Lessor, for whatever reason,
being unable to determine or prove the distance
travelled by the Lessee during the period of hire, the
tariff charges applicable and calculated on the agreed
assumption that the Lessee had travelled a distance of
500 kilometres per day up to and including the day upon
which the theft of the vehicle is reported to the Lessor
of the collision occurred or when the vehicle is
returned to the Lessor.
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In the event of the Lessee breaching the terms of
this agreement, any consequential damages which the
Lessor may suffer, whether as a result of lost profit on
downtime for repair or otherwise.
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In the event of damage to the vehicle of howsoever
caused arising, the Lessee shall be liable for an
administration fee of R400, 00 for the purpose of
submitting a claim to the Lessor's insurers.
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The replacement cost of the vehicle's keys and the
vehicle's locking system in circumstances when the
Lessor or the driver set out overleaf have wilfully or
negligently misplaced the vehicle's keys. The Lessee
agrees that it shall be presumed that in the event the
keys are misplaced and cannot be found that the Lessee
has acted negligently.
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Insurance excess in circumstances as referred to in
clause 6(d).
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04 - RELATIONSHIP TO
LESSOR
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Under no
circumstances shall either the Lessee or any driver be or be
deemed to be agent, servant or employee of the Lessor.
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05 - INDEMNITY
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Save to the extent
provided in paragraph 6, here under:
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The Lessor:
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shall not be liable for any loss of or damage to
any property left or transported in or upon the
vehicle;
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does not accept responsibility for any delay
or any damages (whether consequential or otherwise)
arising from any defect, mechanical failure,
breakdown or other circumstances relating to the
vehicle;
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shall not be liable for any loss or damages
of whatsoever nature arising out of any injury which
may be sustained by the driver of the vehicle,
howsoever such loss or damage may have been caused
including and without prejudice to the generality of
the aforegoing, the negligence of the Lessor and/or
its employees, or whether the vehicle or any part
thereof is defective.
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The Lessee hereby indemnified and holds the Lessor harmlessagainst any claim of whatsoever
nature which may be brought by any passenger in the
vehicle (whether or not such passenger is entitled
to payment of his medical expenses and/or loss of
earnings up to the amount specified in the M.V.A.
Act) irrespective of how the cause of such claim
arose and, without limiting the generality of the
aforegoing, irrespective of the negligence of the
Lessor and or its employees, or whether the vehicle
or any part thereof is defective.
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The Lessee, in the absence of having accepted the
Collision Damage Waiver ("CDW") by marking the
appropriate block, hereby indemnifies and holds the
Lessor harmless against any loss or damage to
property belonging to any third party irrespective
of the cause of such loss or damage and without
limiting the generality of the aforegoing
irrespective of the negligence of the Lessor and/or
it employees, or whether the vehicle or any part
thereof is defective.
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06 - INSURANCE
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The Lessor
provides automatic cover in respect of damage to the vehicle,
balance of third party, fire and theft in excess of the amounts
stated in the Lessor's tariff brochure in force at the
commencement of this agreement, the Lessee's liability being
limited to such excess amounts if the reducedl cover insurance
option is not taken up by the Lessee.
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When the Lessee has accepted CDW by marking the appropriate
block overleaf, the Lessor provides:
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balance of third party cover in accordance with eh standard
provisions of a basic motor policy;
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cover for all collision damage to the vehicle in excess of
the collision damage waiver amount as stated in the Lessor's
tariff brochure in force at the commencement of this agreement
("CDW amount"), a copy of which the Lessee acknowledges having
received and read.
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In respect of the insurance referred to in (b) and as a
condition of this agreement the Lessee warrants that not company
or underwriter in respect of any motor insurance has ever
declined his application for, cancelled or refused to renew any
policy or on the additional driver's in respect of any policy.
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When the Lessee has taken up the reduced insurance cover option
but failed to company with his obligations set out in clause
7(a) and (b), the Lessor shall be liable for the insurance
excess amount stipulated on the tariff brochure.
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07 - ADDITIONAL DUTIES
AND OBLIGATION
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It shall be the
duty of the Lessee and/or the additional driver/s to:
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ensure that the vehicle is parked in well lighted and safe
streets or in secure car parks and shall only leave the vehicle
unattended after having ensured that the vehicle is properly
locked. Where the vehicle is fitted with a gear-lock, the same
is engaged, if fitted with an alarm or immobiliser the same are
operative and armed and if fitted with a face detachable radio,
that the face is detached an stored away from view.
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the vehicle's keys are on his/her person or under control
whilst the vehicle is parked and unattended;
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immediately report to the Lessor any damage, accident,
breakdown or theft involving the vehicle or its accessories and
immediately complete the Lessor's Motor accident claim form"
where the vehicle is involved in an accident. It is recorded
that in the absence of the Lessee reporting he accident or
breakdown within 24 (twenty-four) hours thereof, then the Lessee
shall, unless the contrary is proved, be deemed to have
committed a breach of the agreement;
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immediately report any accident or theft of the vehicle to
the nearest police station;
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immediately deliver to the Lessor any demand, notification,
summons or process received, relating to any claim, action or
prosecution in connection with any collision or occurrence
involving the vehicle.
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refrain from admitting liability for or assisting any
claimant in regard to any claim, action or prosecution in
connection with any collision or occurrence involving the
vehicle;
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in the event of the vehicle breaking down or being involved
in an accident, take all such steps as might reasonably be
possible to prevent any theft of, pilfering or additional damage
to the vehicle, including but without limiting the generality of
the aforegoing, shall not abandon the vehicle at the place of
breakdown or accident, but shall ensure that the vehicle is
towed or moved to a safe location;
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Co-operated with the Lessor and its insurer in the
investigation and or the defence of any prosecution, claim or
action related the vehicle, failing which the Lessee shall be
deemed to have committed a breach of this agreement.
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Make written statements for insurance claim purposes before a
Commissioner of Oaths and/or the completion of insurance claim
forms setting out the circumstances and facts of the collision,
theft, or damage to the vehicle.
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08 - BREACH
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Without in any way
derogating from the generality of any provision of this
agreement, it is specifically recorded that, in the event of the
Lessee, either:
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failing to return the vehicle on the date specified overleaf;
or
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in any manner tampering with the odometer of the vehicle (a
criminal offence); or
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exchanging any of the parts of the vehicle, whether
electrical, mechanical or whatsoever in nature (a criminal
offence) with the part of any other vehicle;
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committing any other breach of this agreement;
then the Lessee shall automatically forfeit all benefits
available under every form of insurance provided in terms of
this agreement, and shall be liable for the full extent of any
damage to the vehicle, as well as any damage to the person or
property of any third party and shall be criminally charged and
may be convicted of a criminal offence in respect of breach as
set out in ( ) and (c) above.
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09 - FINES AND PENALITIES
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The Lessee
shall be solely liable for all fines or penalties imposed for
parking or traffic offences whilst the vehicle is under the hire
in terms of his agreement which the Lessee undertakes to pay
with 24 (twenty-four) hours of any fine or penalty being
imposed.
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The Lessee agrees to and irrevocably authorises the Lessor to
charge and debit the Lessee's credit card number with the amount
of the fine and/or penalty imposed for parking or traffic
offences when notice of such fine or penalty is given to the
Lessor after this contract has terminated.
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10 - VARIATION OR WAIVER
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No variation or
waiver of nay of the conditions of this agreement shall apply
against the Lessor unless agreed to in writing by the Lessor.
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11 - WARRANTIES AND
UNDERTAKINGS
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The Lessee
warrants and undertakes that:
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Should any repair or replacement or parts in excess of R50.00
be effected by or at the instance of the Lessee without the
prior written consent of the Lessor, the cost of such repairs
shall be borne by the Lessee.
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Should the Lessee fail to return the vehicle on demand by the Lessor (for any reason whatsoever) the Lessor shall be entitled
to immediately terminate this agreement and to immediately
repossess the vehicle without prejudice to any other rights of
the Lessor. The Lessor shall not be liable fro any damage
(consequently or other wise) arising from such repossession.
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the signatory warrants that he is an adult person of full
contractual capacity and is duly authorised by the Lessee to
sign this agreement.
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12 - LEGAL FEES AND
COLLECTION CHARGES
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The Lessee agrees
to pay all reasonable legal fees and costs (including attorney
and clients costs and collection commission) incurred by the
Lessor in enforcing any of its rights under this agreement.
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13 - JURISDICTION
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The Lessee
consents to the Lessor taking any legal proceedings for
enforcing any of its rights or for the recovery of any amounts
which may become due to the Lessor by the Lessee under this
agreement, at the option of the Lessor, in the Magistrate's
Court of any district having jurisdiction in respect of the
Lessee.
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14 - ADDITIONAL TERMS
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The Lessee further
agrees to abide by the additional terms and conditions (if any)
stipulated in the Lessor's tariff brochure in force at the
commencement of this agreement, a copy of which brochure The
Lessee acknowledges having received and read.
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